Workers Comp Law

Workers’ Compensation Laws In Massachusetts

Discuss Your Rights & Options With Our Quincy Workers’ Comp Lawyers

Workers’ compensation, also referred to as "workman's comp," is a form of insurance that provides lost wages and medical benefits to employees who have sustained an injury while performing work-related duties.

Nearly every Massachusetts public and private employer is required by law to have workers’ compensation insurance; it doesn’t matter whether the business is for-profit or a charitable organization.

Most employers buy workers’ compensation insurance from insurance companies, and the insurance company pays out the benefits to eligible workers.


Free Consultations Speak To An Attorney Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Who Is Covered By Workers’ Compensation Insurance?

Any bodily injury, illness, or worsening of pre-existing conditions caused by accidents at work are covered by workers’ compensation insurance in the state of Massachusetts. Both documented and undocumented workers are eligible, as well as volunteers and people who work for no pay.

Nearly all employees must be covered by workers' compensation coverage regardless of the number of hours worked or the number of employees a company has. The only exception to this rule is that domestic employees must work 16 hours per week to be covered. Visit for more information about workers' compensation insurance requirements and eligible employees.

Injuries must extend past five calendar days in order to qualify for workers’ compensation, but the days do not have to be consecutive. Additionally, workers’ compensation is a no-fault system, meaning you do not need to prove that anyone was negligent. Even if you were at fault, you still get workers’ compensation benefits.

Should I Hire An Attorney For My Workers Compensation Claim?

Our team of qualified attorneys can help you with your claim in many ways. Not only are we well versed in this area of the law, but we are true advocates on your side, fighting for your best interest.

Call our firm today to find out how we can help you especially if:

  • You have a preexisting condition
  • Your claim has been denied
  • Your permanent disability rating is in question
  • You have an workers’ compensation hearing

Massachusetts Workers’ Compensation Benefits

If you are injured on the job, your workers’ compensation benefits will include a percentage of your lost wages, which varies based on the injury and is capped at a maximum amount set by the state every year.

Depending on the severity of your injury, you may be eligible for:

  • Permanent and total disability: If you become totally and permanently disabled and cannot return to work, you may receive 2/3 of your average weekly wages that you earned before the accident (Massachusetts General Laws Chapter 152, Section 34A).
  • Temporary total disability: If you are unable to work for more than five days due to your workplace injury, you may be eligible to receive 60% of your weekly wages for up to three years.
  • Partial disability: If you become partially disabled as a result of your injury, meaning that you can return to work but cannot perform at your previous earning capacity, you are entitled to partial disability benefits under Massachusetts General Laws Chapter 152, Section 35. There are several ways to calculate those benefits; however, your maximum partial disability rate can’t exceed 75% of your temporary total disability rate.

Other available workers’ compensation benefits cover:

  • Medical expenses
  • Loss of function
  • Scarring
  • Death/Survival benefits
  • Out-of-pocket expenses (crutches, wheelchairs, etc.)
  • Property damage
  • Vocational rehabilitation
  • Physical therapy

Massachusetts Law Chapter 152, Section 28 states that workers’ compensation benefits will be doubled if the injury is caused by the employers’ “serious and willful misconduct.” This means that if an employer maintains a workplace that is dangerous and violates health and safety codes, you may be eligible for double workers’ compensation benefits.

Massachusetts General Laws Chapter 152, Section 31 states that a surviving spouse may receive death benefits from the deceased’s employer as long as she remains:

  • Living
  • Unmarried
  • And not fully self-supporting

Who Is Exempt From Workers' Comp In Massachusetts?

Members of an LLC, partners of an LLP, and sole proprietors of unincorporated businesses are not required by law to carry workers' compensation coverage for themselves, though they may still choose to add this coverage into their policies. Corporate officers who own at least 25% interest in the corporation may also file for an exemption from workers' compensation coverage.

What Happens If An Employer Doesn't Have Workers' Comp Coverage?

If an employer does not have workers' compensation coverage, the Department of Industrial Accidents (DIA) Office of Investigations may issue a stop work order (SWO) requiring them to cease all business activities until proof of coverage is provided. In this scenario, employees of uninsured employers can pursue a claim against the Workers’ Compensation Trust Fund.

Contact us online or call (617) 379-0016 for a free and confidential consultation with one of our experienced work injury lawyers. We have offices located in Quincy, Brockton, Plymouth, and Lynnfield.

Related Reading:

Practice Areas
Proven Track Record Of Achieving Excellent Outcomes
  • Animal Attack Personal Injury

    Our client was attacked by a pet inside a house.

  • Car Accident Car Accident

    Our client was injured in a car accident when her vehicle was rear-ended by a tractor trailer on a highway.

  • Car Accident Car Accident

    The client was hit by a large truck that ran a stop sign. She suffered post-concussion syndrome; shoulder injury requiring surgery.

  • Car Accident Car Accident

    Our client was  a passenger in a motor vehicle that was rear-ended while on their way home after a Patriot’s football game.

  • Car Accident Car Accident

    Our client was operating her vehicle on Rt 1A going home from work. Another vehicle merged onto the roadway and caused a sideswipe collision.

  • Car Accident Car Accident

    Our client was rear-ended on the highway returning home from work.

What Our Clients Say About Us

Real People. Real Stories.

  • Excellent Attorney

    James R.
  • Excellent and True to His word

    Previous client
  • True professional

What Sets Us Apart
  • Over 35 Years of Experience
    We use our combined experience to aggressively represent you and to fight for your rights and the benefits you deserve.
  • Insight to Insurance Company Tactics
    One of our partners, Gerry, previously spent over a decade working for an insurance company, so we deeply understand how they work and what it takes to get you paid.
  • Small, Local Firm
    We have deep roots within our community and strive to deliver exceptional service for our clients through their time of need.
  • Always Prepared for Trial
    We advocate for our clients to ensure they get the compensation they deserve no matter how little or big the fight may be.
  • Direct Contact to an Attorney
    When you hire us, you will be working directly with an attorney throughout the entire process.